1
On Deposit Insurance Coverage
For Bankers
22
Part 1 – General Principles
Part 2 – Ownership Categories
Part 3 – Ownership Category Requirements
Part 4 – Fiduciary and Agency Accounts
Part 5 – Bank Mergers and Failures
33
PART 1
4
Basic Insurance Coverage
• The Standard Maximum Deposit Insurance Amount (“SMDIA”) is $250,000
Under 12 C.F.R. § 330.1(n), adjusted pursuant to subparagraph (F) of section 11(a)(1) of the FDI Act (12 U.S.C. 1821(a)(1)(F))
• Coverage includes principal and interest earned up to the date of a bank’s closing
Note: The examples in this presentation are interest-bearing accounts unless otherwise specifically indicated
55
General Principles
Basic Insurance Coverage
• Coverage includes principal and interest earned up to the SMDIA
Jane Smith Balance
Principal Amount $ 248,000
Accrued Interest 3,000
Total $ 251,000
Insured $ 250,000
66
General Principles
FDIC Insures Only
Bank Deposits
FDIC Does Not Insure
Non-deposit Products
Checking Accounts Stocks, Bonds, Municipal Bonds and Other Securities NOW Accounts
Mutual Funds (money market mutual funds and stock, bond, or other security mutual funds)
Savings Accounts Annuities
Money Market Deposit Accounts (“MMDAs”)
Insurance Products
(automobile & life insurance) Safe Deposit Box Contents Certificates of Deposit U.S. Treasury Bills,
77
General Principles
Coverage Per Depositor
• Deposit Insurance Coverage is calculated per depositor (owner of the deposit account)
• A depositor can be the following:
– a person
– a business/organization
– a government entity
88
General Principles
Deposit Account Records
• In the event of a bank failure, the FDIC relies on bank deposit account records to determine ownership
• Examples of bank deposit account records may include:
– Signature cards
– Certificates of Deposit
– Account ledgers and computer records that relate to the bank’s deposit-taking function
– Official items
99
Coverage Per Bank
Deposit insurance coverage is also calculated per bank
• Deposits placed in the branch offices of a bank with the same charter are added together
• Deposits placed in separately chartered banks are separately insured
• Deposits in separate branches of a bank are not separately insured even if the branches are in different states
10 10
Death of an Account Owner
The death of an account owner will in most cases reduce the amount of deposit insurance coverage
• If an account owner dies, for the purpose of calculating deposit insurance coverage, the FDIC provides a six-month grace
period during which the account will be insured as if the account owner had not died
• After the six-month grace period, the funds will be insured according to the ownership category in which the deposits are held
11 11
PART 2
12 12
Questions every bank employee must ask and answer
to calculate FDIC deposit insurance coverage:
1) Who owns the funds?
2) What ownership category is the depositor eligible to use or attempting to use?
3) Does the depositor meet the requirements of that category?
4) Will any of the depositor’s accounts meet the definition of a “noninterest-bearing transaction account”?
13 13
Who Owns the Funds?
Calculating the amount of FDIC deposit insurance coverage begins with determining who is the owner(s) of the deposit funds
FDIC deposit insurance is based on the ownership of the deposit funds—also referred to as an ownership capacity or ownership category
14 14
An “ownership category,” also referred to as “right and
capacity” in the deposit insurance regulations, is defined by either a federal statute or by an FDIC regulation and provides for separate FDIC deposit insurance coverage
If a depositor can meet the rules for a specific category, then their deposits will be entitled to both of the following:
1) Up to the SMDIA in deposit insurance coverage that is provided for under the ownership category, and
2) Separate coverage from funds that may be deposited under a different ownership category
15 15 CATEGORY 2 JOINT ACCOUNTS CATEGORY 6 EMPLOYEE BENEFIT PLAN ACCOUNTS CATEGORY 3 REVOCABLE TRUST ACCOUNTS CATEGORY 4 IRREVOCABLE TRUST ACCOUNTS Owners = Individuals CATEGORY 7 CORPORATION PARTNERSHIP UNINCORPORATED ASSOCIATION ACCOUNTS Owners = Business/Organizations Owners = Government Entities or Political Subdivisions CATEGORY 8 GOVERNMENT ACCOUNTS - TEMPORARY -CATEGORY 10 NONINTEREST-BEARING TRANSACTION ACCOUNTS CATEGORY 1 SINGLE ACCOUNTS CATEGORY 9
17 17
Ownership Category Requirements
18
Hypothetical Signature Card
Sign a tu re Title Prin te d Na m e Da te Sign a tu re Title Prin te d Na m e Da te
ACCOUNT DESCRIPTION ACCOUNT BENEFICIARIES Personal Account Na me o f Be n e f ic ia ry
Non-Personal Account
Na me o f Be n e f ic ia ry
Individual / Single
Estate Na me o f Be n e f ic ia ry
Individual Unincorporated (e.g. DBA) Joint With Survivorship
Joint No Survivorship POWER OF ATTORNEY (POA) POD / ITF / Totten Sign a tu re o f Age n t
Revocable Trust
Irrevocable Trust Prin te d Na me o f Age n t
Corporation / Partnership / LLC
Non-Profit Sign a tu re o f Ac c o u n t O wn e r
Government
Da te
Fiduciary
SIGNATURE CARD FOR DEPOSIT ACCOUNTS
TIN of First Nam e on Account or Legal Entity Account Title
Account Num ber Traditional IRA Roth IRA Inherited IRA Inherited Roth IRA
SIMPLE IRA Rollover IRA SEP IRA Keogh
Name SSN
Address DOB / / Home Phone Business Phone City State Zip
Sign a tu re Da te
Sign a tu re Da te
CUSTOMER AGREEMENT
CUSTODIAN / TRUSTEE ACCEPTANCE
1 2
4 3
SELF DIRECTED RETIREMENT ACCOUNT ENROLLMENT
ACCOUNT TYPE
BENEFICIARIES
19
Traditional IRA Inherited IRA
Roth IRA Inherited Roth IRA SIMPLE IRA Rollover IRA
SEP IRA Keogh
Hypothetical Signature Card
Individual / Single
Estate
Individual Unincorporated (e.g. DBA)
Joint With Survivorship (JTWROS)
Joint No Survivorship (TIC)
POD / ITF / Totten (Informal)
Revocable Trust (Formal)
Irrevocable Trust
Corporation / Partnership / LLC
Non-Profit
Government
Fiduciary (Broker, IOLTA, UTMA, etc.)
Certain Retirement Accounts*
Single Accounts Joint Accounts Revocable Trust Accounts Irrevocable Trust Accounts
Public Unit/Government Accounts
Corporation, Partnership, Unincorporated Association Accounts
Ownership Categories
NOT AN OWNERSHIP CATEGORY - Insurance coverage “passes through” the fiduciary to the actual owner, based on how the funds are held
(Cat. 1) (Cat. 2) (Cat. 3) (Cat. 4) (Cat. 7) (Cat. 8) (Cat. 5)
20 20
Single Accounts - 12 C.F.R. § 330.6
Deposit must be owned by a “natural person”
• Sole Proprietorship Deposits:
– Funds owned by a Sole Proprietorship or DBA are insured in this category (not in Category 7 – Business/Organization)
– If a sole proprietorship or DBA is co-owned and the owners have equal rights to withdraw from the account, the account will likely be insured under Category 2 – Joint Accounts
• Decedent Deposits or Estate Accounts:
– Accounts established for a deceased person (i.e. Decedent’s or Estate Accounts) are insured in this category (not Category 3 - Revocable Trust Accounts)
21 21
A depositor is insured for up to $250,000 for all
Category 1 – Single Account
deposits
• If the depositor, a single owner, names beneficiaries, the deposit will be analyzed as a Category 3 – Revocable Trust deposit
• Category 1 – Single Account is the default category for depositors who do not meet the requirements of another category
22 22
Deposit Types Balance
Savings $ 125,000 CD 6 month maturity 100,000 CD 2 year maturity 50,000 MMDA 50,000 Total $ 325,000 Uninsured Amount $ 75,000 Insurance Coverage $ 250,000
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Category 2 – Joint Account Requirements
Joint Accounts - 12 C.F.R. § 330.9
Deposits owned by two or more natural persons
Requirements:
• Each co-owner must be a natural person
– Corporations, Partnerships, Associations, Trusts and Estates are not eligible for Joint Account Coverage
• Each co-owner must sign the signature card (CD exception)
• Each co-owner must have same withdrawal rights as the other co-owner(s)
24 24
If all the requirements are met, then the amount of deposit insurance coverage is up to $250,000 for each owner of all
Category 2 – Joint Account deposits Remember!
If a depositor establishes multiple joint accounts, the owner’s shares in all joint accounts are added together and insured up to $250,000
25 25
•
Deposit insurance is not increased by:
1)
rearranging the names listed on multiple joint
accounts
2)
substituting “and” for “or” in account titles for
multiple accounts or
3)
using different Social Security numbers on multiple
joint accounts
•
If the depositors name beneficiaries, the deposit will be
analyzed as a
Category 3 – Revocable Trust
deposit
26 26
Account Account Title Balance
# 1 Jane Smith and Andrew Smith $ 400,000 # 2 Jane Smith and Harry Jones $ 200,000
Total $ 600,000
Example:
Category 2 – Multiple Joint Accounts
27 27
Category 2 – Multiple Joint Accounts - Example
28
Category 2 – Joint Account Coverage
Death of an Account Owner
Example: John and Jane Smith opened a joint account for
$500,000. John dies on March 31, 2011. What is the deposit insurance coverage for the account?
29 29
Revocable Trust Accounts - 12 C.F.R. § 330.10
What is a revocable trust account?
• A deposit account that indicates an intention that the funds will belong to one or more named beneficiaries upon the last owner’s death
What does revocable mean?
• The owner retains the right to change beneficiaries and allocations or to terminate the trust
What are the types of revocable trusts? • Informal revocable trusts
• Formal revocable trusts
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POD ITF ATF
INFORMAL
Payable-on-Death (“POD”) or other similar terms such as In-Trust-For (“ITF”) or As-Trustee-For (“ATF”) must be in the
account title FORMAL Living Trust Family Trust
Account must be titled in the name of the
formal trust
31
Category 3 – Revocable Trust Requirements
Updated on October 19, 2009!
12 C.F.R. § 330.10(b) provides that trust relationship
must exist in the account title
•
Commonly accepted terms such as “payable-on-death”, “in
trust for” and “as trustee for” must appear in the account
title
–
For purposes of this rule, “title” includes the electronic
deposit account records of the bank
–
The FDIC will recognize the account as a revocable
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Who is a beneficiary?
• The owner and beneficiary no longer must meet the kinship requirement that each beneficiary must be related to the owner from one of the following five groups: parent, sibling, spouse, child, or grandchild
Who or what can be a beneficiary?
• The beneficiary must be an eligible beneficiary as defined below:
– A natural person (living)
– A charity (must be valid under IRS rules)
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• Who or what is or not allowed as a beneficiary?
Any object or entity that does not meet the eligibility
requirements, such as a deceased person, a fictional person or a pet will be considered an invalid beneficiary. Any beneficiary that is not legally entitled to receive funds upon the owner’s death will not be considered in determining deposit insurance coverage
• What about deposits opened “POD to the Trust?”
If a deposit account is titled, as an example, “John Smith POD
to the John Smith Revocable Trust” the FDIC will treat the
deposit as an account in the name of the depositor’s revocable trust (i.e., “the John Smith Revocable Trust”)
34 34
Coverage depends on the number of beneficiaries
named by an owner and the amount of the deposit
1. The owner names five or fewer unique eligible beneficiaries and the total deposit(s) allocated to all beneficiaries combined is $1,250,000 or less, then the insurance coverage is:
• Up to $250,000 times the number of unique eligible beneficiaries named by the owner. This applies to the combined interests for all beneficiaries the owner has named in all (both informal and formal) revocable trust deposits established in each bank
• The result is the same as above even if the owner has allocated different or unequal percentages or amounts to multiple
beneficiaries. To calculate the deposit insurance coverage, multiply
$250,000 times the number of owners times the number of unique eligible beneficiaries
35 35
Coverage depends on the number of beneficiaries
named by an owner and the amount of the deposit
2. The owner names six or more unique eligible beneficiaries and the deposit is greater than $1,250,000:
• If the owner is attempting to insure more than $1,250,000 with six
or more unique eligible beneficiaries where the allocation to each and every beneficiary is equal, the deposit insurance
coverage is $250,000 times the number of unique eligible
beneficiaries
• If the owner is attempting to insure more than $1,250,000 with six
or more unique eligible beneficiaries with unequal percentages or dollar amount allocations to the beneficiaries, please call the
FDIC at 1-877-275-3342 or sign up for one of the FDIC’s 2012 Seminars on Revocable Trust Accounts for Bankers
36 36
Unequal Beneficiary Allocations – POD Account
Example 1: Balance
Account #1: John POD Mary = $ 350,000
Account #2: John POD Sara = 50,000
Total = $ 400,000
Are these accounts fully insured? YES!
When five or fewer unique eligible beneficiaries are named, the insurance coverage is calculated as the number of owners times the number of
beneficiaries. In this example, with one owner and two beneficiaries, the coverage is $500,000:
(1 owner times 2 beneficiaries times $250,000 = $500,000)
Since the total of both accounts is $400,000, this amount is fully insured because the combined balance is less than $500,000
37 37
Unequal Beneficiary Allocations – POD Account
Example 2: Balance
Account #1: John POD Mary = $ 350,000
Account #2: John POD Sara = 175,000
Total = $ 525,000 Are these accounts fully insured? NO!
The combined amount of $500,000 is insured with $25,000 uninsured The insurance coverage calculation is:
One owner times two beneficiaries times $250,000 = $500,000
What if the bank fails?
Can or will the FDIC “revert or default” the uninsured $25,000 back to Category 1 – Single Accounts if John has not used this category?
NO!
38 38
Example 3: Facts: John POD Lisa
What is the maximum amount that can be insured for this deposit?
John (Owner) POD Lisa (Beneficiary) $250,000 Correct Method! Common Misconception:
The misconception is that deposit insurance is determined by counting or adding the total number of individuals listed on a POD account. This is incorrect!
Incorrect Method!
Coverage is NOT calculated as owners plus beneficiaries times $250,000
IMPORTANT! Remember that for revocable trusts with 5 or fewer beneficiaries, DI coverage is calculated as the number of owners times the number of beneficiaries times $250,000
Rule for revocable trusts with 5 or fewer beneficiaries:
Number of Owners x # of Eligible Beneficiaries x $250,000 = Deposit Insurance (“DI”) Coverage
John (Owner) x Lisa (Beneficiary) x $250,000 = $250,000 (1) x (1) x $250,000 = $250,000 John (Owner) + Lisa (Beneficiary) x $250,000 = $500,000 (1) + (1) x $250,000 = $500,000
39 39
Example 4: Facts: John POD Alan and Betty
What is the maximum insured amount for this deposit?
John (Owner) POD Betty $250,000 POD Alan $250,000 Correct Method! Incorrect Method!
Coverage is NOT calculated as owners plus beneficiaries times $250,000
Common Misconception:
The misconception is that deposit insurance is determined by counting or adding the total number of individuals listed on a POD account for a total of $750,000 in DI coverage. This is incorrect!
Rule for revocable trusts with 5 or fewer beneficiaries:
Number of Owners x # of Eligible Beneficiaries x $250,000 = DI Coverage John (Owner) + Alan (Beneficiary) + Betty (Beneficiary) x $250,000 = $750,000 (1) + (1) + (1) x $250,000 = $750,000 John (Owner) x Alan (Beneficiary) + Betty (Beneficiary) x $250,000 = $500,000 (1) x (2) x $250,000 = $500,000
40 40
Facts: John and Mary POD Cindy
What is the maximum insured amount for this deposit?
Example 5: John (Owner) Mary (Owner) POD Cindy Correct Method! Incorrect Method!
Rule for revocable trusts with 5 or fewer beneficiaries:
Number of Owners x # of Eligible Beneficiaries x $250,000 = DI Coverage
Common Misconception:
The misconception is that deposit insurance is determined by counting or adding the total number of individuals listed on a POD account which is three persons for a total of $750,000 in deposit insurance coverage. This is incorrect!
John (Owner) + Mary (Owner) x Cindy (Beneficiary) x $250,000 = $500,000 (2) x (1) x $250,000 = $500,000 John (Owner) + Mary (Owner) + Cindy (Beneficiary) x $250,000 = $750,000 (1) + (1) + (1) x $250,000 = $750,000 $250,000 $250,000
41 41
Example 6:
Facts: John opened three POD accounts.
What is the maximum insured amount for these deposits?
Rule for revocable trusts with 5 or fewer beneficiaries:
Number of Owners x # of Eligible Beneficiaries x $250,000 = DI Coverage
Category 3 – Revocable Trust Misconceptions
Account # 2 John POD Betty and Alice
Account # 1 John POD
Alice
Common Misconception: The misconception is that each beneficiary listed on a POD account would be
counted even if the same beneficiary is listed repeatedly. This is incorrect! Although five names are listed, there are only 3 unique persons (Alice, Betty and Cindy) designated as beneficiaries.
Under FDIC rules, for this example, we use 3 as the number of beneficiaries in the calculation
John (Owner) x Alice (Beneficiary) + Betty (Beneficiary) + Cindy (Beneficiary) x $250,000 = $750,000 (1) x (3) x $250,000 = $750,000 Account # 3 John POD Betty and Cindy
42 42 Depositor with a POD account naming 3 eligible beneficiaries
+
Account # 2David Smith Revocable Trust which names Andy, Betty and
Charlie as beneficiaries
Balance is $750,000 Account # 1
David Smith POD to
Andy, Betty and Charlie
Balance is $750,000
A depositor cannot establish both of these accounts and receive $1,500,000 of deposit insurance!
The total coverage for both accounts is $750,000
Category 3 – Revocable Trust Calculation
Example 7:
Depositor with a living trust account Identifying the same 3
43 43
Balance
Account #1: John POD Alice = $ 730,000
Account #2: John POD Lisa = 10,000
Account #3: John POD Betty = 10,000
Total = $ 750,000
While John is alive, the accounts are insured for up to $750,000. John dies on 01/01/2011 and under the six month rule the accounts can continue to be insurable as if John is alive unless either an account is closed or a named beneficiary takes possession of the account and changes the account title
On 02/01/2011, a month after his death, Lisa, the beneficiary on Account #2, closes the account and withdraws the entire balance of $10,000
What is the deposit insurance coverage now that Account #2 is closed?
Category 3 – Revocable Trust Coverage
44 44
Example 8 (continued): Balance
Account #1: John POD Alice = $ 730,000
Account #2: John POD Lisa = 10,000
Account #3: John POD Betty = 10,000
Total = $ 740,000
As a result of the closure of Account #2, John’s deposit insurance coverage is calculated considering only two beneficiaries (Alice and Betty)
The total of the accounts under John’s name is now
$740,000, but there are only two beneficiaries and therefore the deposit insurance coverage is reduced to $500,000 with $240,000 now being uninsured
45 45
Category 3 – Revocable Trust – HSA
• Definition: A Health Savings Account (“HSA”) is a tax-exempt trust or custodial account set up with a qualified HSA trustee, such as an FDIC-insured bank, to pay or reimburse certain medical expenses
• HSAs are insured based on who owns the funds and whether beneficiaries are named in the bank account records
• If a depositor opens an HSA with no beneficiaries named, then the FDIC would insure these funds under the depositor’s
Category 1 – Single Ownership Accounts
• When beneficiaries are named, the FDIC will insure the owner of an HSA deposit under Category 3 – Revocable Trust Accounts in the same manner as a payable on death (POD) account
IMPORTANT! The FDIC does not require “POD” or “ITF” be
included in the account title for an HSA to be eligible for
46 46
Irrevocable Trust Accounts - 12 C.F.R. § 330.13
For the purpose of FDIC deposit insurance, irrevocable means that the grantor (person who created the trust) does not possess the
power to terminate or revoke the trust
• An irrevocable trust may be created through: – Death of the grantor of a revocable living trust
– Execution or creation of an irrevocable trust agreement
– Statute or court order
• An irrevocable trust deposit must be linked to a written trust agreement
– There is no “POD” or “ITF” option
47 47
Insurance coverage for irrevocable trust deposits is
usually no more than $250,000
No per-beneficiary coverage if:
• Owner retains interest in the use of the trust assets (if so, funds are
insured to the owner as Category 1 – Single Account deposits)
• Interests of beneficiaries are contingent or not ascertainable (if so, all such interests are added together and insured up to $250,000)
Contingency examples include:
– Beneficiaries do not receive funds unless certain conditions are met
– Trustee may invade principal of the trust on behalf of a beneficiary
– Beneficiaries or trustee may exercise discretion in allocating funds
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Effective October 19, 2009
When a revocable trust deposit converts to an irrevocable trust
because of the death of the owner(s), the FDIC may continue to apply the original revocable trust coverage provided the deposit was
established at the bank while the trust was revocable
Example: The “John Smith Revocable Trust” names his wife with a life estate
interest and his two children as remainder beneficiaries. This trust deposit is opened for $750,000 in a two year CD and is fully insured. John died a year ago and the trust became irrevocable. The trust allows for his wife to use 100% of the assets during her life time if needed
What is the maximum deposit insurance coverage allowed?
Coverage will remain at $750,000 instead of dropping to $250,000 because the deposit in the bank was opened while the trust was revocable
49 49
Certain Retirement Accounts - 12 C.F.R. § 330.14(b)(2)
•
Deposits typically owned by only one participant in
Certain Retirement Accounts
•
Titled in the name of the owner’s retirement account
•
Coverage: $250,000 for all deposits in
Category 5 –
Certain Retirement Accounts
50 50
Types of accounts in this category are:
Traditional and Roth IRAs
(IRAs in non-deposit products are
not insured)
Section 457 deferred compensation plans (whether or not self-directed) Savings Incentive Match Plan for
Employees (SIMPLE) IRAs Self-directed defined contribution plans Simplified Employee Pension
(SEP) IRAs Self-directed Keogh plans
A self-directed retirement account is an account for which the owner, not a plan administrator, has the right to direct how the funds are invested, including the ability to direct that the funds be deposited at a specific bank
For deposits under this category such as IRAs, deposit insurance coverage cannot and does not increase by adding beneficiaries
Note: All “defined benefit plans” are excluded from this category but included under Category 6 – Employee Benefit Plan Accounts
51 51
Employee Benefit Plans - 12 C.F.R. § 330.14
• Employee benefit plan accounts are deposits held by any plan that satisfies the definition of an employee benefit plan in section 3(3) of the Employee Retirement Income Security Act of 1974
(“ERISA”), except for those plans that qualify under Category 5 – Certain Retirement Accounts
• Account title must indicate the existence of an employee benefit plan
• Plan administrator must be prepared to produce copies of the plan documents
• Coverage is up to $250,000 for each participant’s
non-contingent interest
52 52
Types of Employee Benefit Plans:
– Defined contribution plans, including profit-sharing plans and 401(k) plans that do not qualify as “self-directed” plans
– All defined benefit plans are insured under this category
Note: Typically an employee benefit plan has multiple participants with different ownership interests If the requirements are met, it is possible for pass-through insurance to apply and for the total deposit insurance coverage amount for the plan to exceed $250,000
53 53
Business/Organization Accounts - 12 C.F.R. § 330.11
• Based on state law, the business/organization must be a legally created entity such as a/an:
– Corporation (includes Subchapter S, LLCs, and PCs)
– Partnership
– Unincorporated Association
• The business/organization must be engaged in an independent activity supported by:
– Separate tax identification numbers
– Separate charter or bylaws
54 54
What is the maximum insurance coverage?
• Coverage is up to $250,000 per legal entity
– The existence of multiple signers such as partners, officers or directors does not increase coverage
– A separate business purpose for funds owned by the same legal entity does not increase coverage
55 55
Government Accounts - 12 C.F.R. § 330.15
What is a Government Account?
• Deposits placed by an Official Custodian of a government
entity, including federal, state, county, municipality, or political subdivision
Who is an Official Custodian?
• An official custodian is an appointed or elected official who has control/decision-making authority over funds in the account
owned by the public unit
56 • United States • States • Counties • Municipalities • District of Columbia • Puerto Rico • Other territories • Indian tribes • School districts • Power districts • Irrigation districts
• Bridge or port authorities
• Other “political subdivisions”
Category 8 – Government Accounts
57 57
Through December 31, 2012
Accounts held by an official custodian will be insured as follows:
• In-state accounts
– Up to $250,000 for the combined amount of all time and savings accounts (including NOW accounts)
– Up to $250,000 for the combined amount of all interest- bearing demand deposit accounts, and
– Unlimited coverage for noninterest-bearing demand deposit accounts
• Out-of-state accounts
– Up to $250,000 for the combined amount of all time accounts, savings accounts (including NOW accounts) and interest-bearing demand deposit accounts, and
– Unlimited coverage for noninterest-bearing demand deposit accounts
58 58
Beginning on January 1, 2013
Accounts held by an official custodian will be insured as follows:
• In-state accounts
– Up to $250,000 for the combined amount of all time and savings accounts (including NOW accounts) and
– Up to $250,000 for all demand deposit accounts (interest- bearing and noninterest-bearing)
• Out-of-state accounts
– Up to $250,000 for the combined total of all deposit accounts
60 60
What is the deposit insurance coverage for commingled mortgage servicing deposits, including P&I payments?
• Prior rule – The payments of P&I held in a commingled mortgage servicing
escrow deposit were insured up to the SMDIA ($250,000) as to each
mortgagee under the account. The mortgagee’s interest in all deposits was
added together in the bank
• Current rule – Commingled P&I payment accounts established by
mortgagees or investors are insured with coverage provided up to the
SMDIA of $250,000 per mortgagor. The calculation of coverage for each P&I account is separate if the mortgagee or investor has established multiple P&I accounts in the same bank
Note: The payment of T&I is unaffected
T&I payments are still insured on a pass-through basis as the single ownership funds of each respective mortgagor
61 61
12 C.F.R. § 330.16(a)
Important!
The FDIC’s Transaction Account Guarantee Program
(“TAGP”) ended on December 31, 2010
•
Under the Dodd-Frank Wall Street Reform and
Consumer Protection Act (“Dodd-Frank Act”),
depositors with noninterest-bearing transaction
accounts have unlimited deposit insurance coverage for
two years, from December 31, 2010 through December
31, 2012
62 62
•
Coverage as a result of the Dodd Frank Wall Street
Reform and Consumer Protection Act:
– From December 31, 2010 through December 31, 2012, all noninterest-bearing transaction accounts are fully insured, regardless of the balance of the account or the ownership capacity of the funds
– This unlimited coverage is separate from and in addition to the insurance coverage provided for a depositor’s other
interest-bearing accounts held at an FDIC-insured bank
– Coverage is available to all depositors, including consumers, businesses and government entities
63 63
• A noninterest-bearing transaction account is a deposit account where:
1. Interest is neither accrued nor paid;
2. Depositors are permitted to make an unlimited number of transfers or withdrawals and;
3. The bank does not reserve the right to require advance notice before an intended withdrawal
• Noninterest-bearing transaction accounts include:
– All deposits placed in an Interest on Lawyers Trust Accounts (“IOLTA”) or its equivalent
Note: Money Market Deposit Accounts (“MMDAs”) and Negotiable Order of Withdrawal (“NOW”) accounts are not eligible for this temporary unlimited insurance coverage, regardless of the interest rate, even if no interest is paid
64 64
Difference between an interest-bearing
Demand Deposit Account (“DDA”) and a NOW Account
NOW Accounts DDA
IDI reserves the right to require at least seven days' written notice prior to withdrawal or transfer of any funds (See 12 C.F.R. §
204.2(e)(2))
IDI does not reserve the right to require at least seven days' written notice of an intended withdrawal (See 12 C.F.R. § 204.2(b)(1))
Only individuals, nonprofit
organizations and governmental units can own a NOW account; for-profit entities are expressly prohibited from holding NOW accounts
Any depositor can own a demand deposit account
Note: NOW accounts are not considered Noninterest-bearing Transaction Accounts
for purposes of unlimited coverage under the Dodd-Frank Act
Category 10 – Noninterest-bearing Transaction Accounts
65 65 CATEGORY 2 JOINT ACCOUNTS CATEGORY 6 EMPLOYEE BENEFIT PLAN ACCOUNTS CATEGORY 3 REVOCABLE TRUST ACCOUNTS CATEGORY 4 IRREVOCABLE TRUST ACCOUNTS Owners = Individuals CATEGORY 7 CORPORATION PARTNERSHIP UNINCORPORATED ASSOCIATION ACCOUNTS Owners = Business/Organizations Owners = Government Entities or Political Subdivisions CATEGORY 8 GOVERNMENT ACCOUNTS CATEGORY 10 NONINTEREST-BEARING TRANSACTION ACCOUNTS CATEGORY 1 SINGLE ACCOUNTS CATEGORY 9
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Husband and Wife Maximizing Coverage
Category 1 Single Accounts Category 2 Joint Accounts Category 3 Revocable Trust Accounts* Category 5 Certain Retirement Accounts Total Coverage Husband (Individually) $250,000 (#1) $250,000 (#5) $ 500,000 Wife (Individually) Together $250,000 (#2) $500,000 (#3) $1,500,000 (#4)* $250,000 (#6) $ 500,000 $ 2,000,000 Total $500,000 $500,000 $1,500,000 $500,000 $ 3,000,000
* The Category 3 – Revocable Trust deposit accounts assume the husband and wife have opened an account titled “John and Mary Smith POD Alice, Betty and Cathy” Remember: Two owners times three beneficiaries times $250,000 = $1,500,000
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PART 4
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Fiduciary and Agency Accounts
12 C.F.R. § 330.5 and 12 C.F.R. § 330.7
Important!
Fiduciary or agency accounts are not an ownership category! These are deposit accounts established and maintained by third parties on behalf of the actual owner (referred to as the principal)
What makes these deposits different?
• An account that meets the definition of a fiduciary or agency account is entitled to “pass-through” deposit insurance coverage from the FDIC through the third party who establishes the account to the actual owner or owners of the funds. The deposit account can be established for the benefit of a single owner or a commingled account may be established for the benefit of multiple owners
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Fiduciary and Agency Accounts
Examples of Third Parties Who Establish Fiduciary Accounts Examples of Fiduciary or Agency Accounts Agent Escrow Nominee Brokered CDs
Guardian Uniform Transfer to Minors
Act (UTMA)
Conservator Attorney Trust (IOLTA)
Executor Agency
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What is “pass-through” deposit insurance coverage?
• When funds are deposited by a fiduciary or custodian on behalf of one or more actual owners of the funds, the FDIC will insure the funds as if the actual owners had established the deposit in the bank
What is the amount of “pass-through” deposit insurance coverage?
• Assuming the deposit meets the requirements for pass-through insurance coverage, then the amount of FDIC insurance coverage will be based on the ownership capacity (i.e., under the applicable ownership category) in which each principal holds the funds
Fiduciary and Agency Accounts
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Fiduciary and Agency Accounts
The requirements for pass-through coverage include:
• Funds must be owned by the principal not the third party who set up the account (i.e., the fiduciary or custodian who is placing the funds). To confirm the actual ownership of the deposit funds, the FDIC may review:
1. The agreement between the third party establishing the account and the principal
2. The applicable state law
• Bank’s account records must indicate the agency nature of the account (e.g., XYZ Company as Custodian, XYZ FBO, Jane Doe UTMA John Smith, Jr.,)
• Bank’s records or accountholder’s records must indicate both the identities of the principals as well as the ownership interest in the deposit
• Deposit terms (i.e., the interest rate and maturity date) for accounts opened at the bank must match the terms the third party agent promised the customer
• If the terms don’t match, the third party agent might be deemed to be the legal owner of the funds by the FDIC. An agent may retain a portion of the interest (as the
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Aggregation of Deposits
• For the purpose of calculating FDIC deposit insurance
coverage, any funds deposited by a third party on behalf of a principal will be added to any other deposits the principal may have in the same ownership category at the same bank
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Examples of a Bank’s Involvement in Agency Accounts
A bank may accept or receive third party deposits in a number of ways including:
1. As a direct depository for agency funds (most common situation)
2. As an agent/broker placing funds with other banks as part of a third-party program
3. As an agent/broker placing customers’ funds with other banks as part of its own program
For more information, see Guidance on Deposit Placement and Collection Activities (FIL-29-2010), dated June 7, 2010
Fiduciary and Agency Accounts
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PART 5
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Coverage When Banks Merge
Basic rule - There is separate deposit insurance coverage (i.e., for deposits at each bank) for up to six months (starting with the
effective date of the merger) if a depositor had funds in two banks that merged
• Special exception for time deposits – For time deposits (i.e., CDs) issued by the assumed bank, separate deposit insurance coverage will continue for the greater of either six months or the first maturity date of the time deposit
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Coverage When A Bank Fails
FDIC pays depositors “as soon as possible”
• FDIC’s goal is to make deposit insurance payments within two business days of the failure of the bank
• Depositors with brokered deposits will take longer to recover their insured funds
• FDIC pays 100 cents or 100% on the dollar for all
insured deposits
• Depositors with uninsured deposits may recover a portion of their uninsured funds
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Bank Mergers and Failures
Loans Offset Against Deposits
In the case of a non-delinquent loan, the depositor may elect to “set off” the loan against his/her deposits in order to receive full value for any uninsured deposits provided the following exists:
1) Mutuality – the exact same owner of both the deposit and loan at the bank
2) Not a “special purpose” deposit (e.g., funds held by the bank trust department for safekeeping)
3) The funds are not property of a third party
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Bank Mergers and Failures
Loans Offset Against Deposits Example:
John Smith has an outstanding loan in the amount of $400,000 in his name alone at XYZ Bank. In addition he has two deposits at XYZ Bank – Account #1 is a Single Ownership Account in his name alone for $300,000 and Account #2 is a Joint Account with his wife in the amount of $525,000. XYZ Bank fails and the FDIC is appointed the Receiver. The FDIC determines Account #1 has $50,000 of
uninsured funds and Account #2 has $25,000 of uninsured funds
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Bank Mergers and Failures
Loans Offset Against Deposits Example (continued):
Answer: Yes, in part
John can offset his loan against Account #1 for $50,000 but he cannot offset the uninsured funds in Account #2. The common law right of offset allows for the $50,000 to be offset against the $400,000 loan since there is mutuality (i.e., the exact same party for both the deposit and loan). Account #1 will be reduced to
$250,000 and the outstanding loan balance is now $350,000. The joint account deposit with his wife does not meet the test for
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PART 6
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FDIC Resources
Calculator:
Electronic Deposit Insurance Estimator
Brochures:
Deposit Insurance Summary Your Insured Deposits
Videos:
Overview on Deposit Insurance Coverage
FDIC Deposit Insurance Product Catalogue https://vcart.velocitypayment.com/fdic FDIC Deposit Insurance Coverage Website
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FDIC Resources
•
Call the FDIC toll-free 1-877-ASK-FDIC
(1-877-275-3342)
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